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(영문) 춘천지방법원 2014.05.29 2014고정183
자동차불법사용등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 00:20 on October 20, 2013, the Defendant used the victim C’s DST3 car volume at a time without the victim C’s consent to temporarily use approximately 12 km portion from the public land in front of the RGP construction site to the national highway of the same Eup/Myeon from the public land in front of the RGP construction site to the national highway of the same Eup/Myeon, which is located in the Gangwon-gu Incheon Metropolitan Government.

2. Around 00:20 on October 20, 2013, the Defendant driven DSS3 car volume under the influence of alcohol 0.074% of alcohol concentration on the 31st national highways prior to the 31st national highways of the same Eup/Myeon located in the DGP was from the Round in front of the Rogthy in the JGP in the Jininininindo-Indo-gun, Gangwon-do, Gangwon-do, to the 31st national highways of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of statutes on site photographs;

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence shall be determined in light of various circumstances, including the agreement on the reason for sentencing and the fact that there is no previous conviction exceeding the fine under Article 334(1) of the Criminal Procedure Act, and the decision shall be delivered with the order.

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